Himachal Pradesh Court June 2008 Judgments
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Charan Dass Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-05-2008
Reported in: 2008CriLJ3713
Surjit Singh, J.1. Appellant Charan Dass has appealed against the judgment of the Sessions Court whereby he has been convicted of the following offences and awarded punishment as mentioned against each offence:_______________________________________________________________________________|SI. No. |Offence | Sentence ||________|____________________|________________________________________________|| | | ||1. |Under Section 363 | Simple imprisonment of five years and fine of || |IPC | Rs. five thousand. In default of payment of || | | fine the convict shall further undergo simple || | | imprisonment of six months. ||________|____________________|________________________________________________||2. |Under Section 366 | IPC Simple Imprisonment of five years and fine || | | of Rs. five thousand. In default of payment of || | | fine the convict shall further undergo simple || | | Imprisonment of six months. ||________|____________________|________________________________________________||3. |...
New India Assurance Company Ltd. Vs. Sh. Kaljang Dorje and ors.
Court: Himachal Pradesh
Decided on: Jun-05-2008
Reported in: 2009ACJ184,2008(2)ShimLC465
Dev Darshan Sud, J.1. All these appeals are being disposed of by a common judgment as they arise from the same accident and involve common questions of law and facts. The claim petitions of the claimants in these appeals were dismissed by the Learned Motor Accident Claims Tribunal, Kinnaur on the ground that the claimants had failed to prove that the accident in question occurred due to the rash and negligent acts of the driver of the vehicle in question. Fifteen appeals were preferred in this Court which were disposed of by a common judgment on 23.6.2006 in FAO No. 28 of 2006, titled: Kaljang Dorje v. Dorje Phunchok and Anr. by Deepak Gupta, J. who heard the appeals, held:From the aforesaid facts it is clear that the principle of res ipsa loquitur applies in the present case and presumption could be raised that the accident occurred due to the negligence of the driver. Applying the said principle the onus shifted upon the respondents to prove that the accident did not occur due to the...
Rajeev Sood and ors. Vs. State Bank of India
Court: Himachal Pradesh
Decided on: Jun-05-2008
Reported in: 2008(3)ShimLC337
Surinder Singh, J.1. The present petition has been directed against the judgment of learned Appellate Authority (II), Shimla, in C.M.A. No. 72-S/14 of 1997 decided on 28th November, 2001 whereby order of eviction passed by Rent Controller (I), Shimla in Rent Petition No. 43-2 of 1991 dated 30.9.1997 was set aside and the petition was dismissed on the ground that the premises in question fell within the definition of the 'Public Premises'.2. The facts in brief, giving rise to the instant petition may be noted thus. Petitioners herein, are the landlords of five storeyed building, known as 'Ramesh Bhawan', situated at Jakhu, Shimla-1, hereinafter to be referred as 'suit premises'. The landlords let out the suit premises to the respondent-bank in the year 1979 for housing its officers and employees along with their families. It has eight residential sets along with two stores on the ground floor. Monthly rent of the suit premises was fixed at Rs. 5,250/- as alleged by the petitioner. Howev...
Mohammed Ali Vs. Himachal Road Transport Corporation and anr.
Court: Himachal Pradesh
Decided on: Jun-03-2008
Reported in: (2009)ILLJ105HP,2008(2)ShimLC240
R.B. Misra, J.1. Heard Mr. Rajnish Maniktala, learned Counsel for the petitioner and Mr. Ashok Sharma, learned Counsel for Himachal Road Transport Corporation (in short 'HRTC Corporation').2. In the present writ petition, the order dated 28.2.2002 passed by the learned H.P. State Administrative Tribunal, Shimla (in short 'learned Tribunal') in OA No. 119/95 has been challenged, whereby, the O.A. preferred by the petitioner against the order dated 25.2.1993 removing him from the service of Corporation and further prayer directing to re-engage him with consequential benefits, has been denied.3. It appears that the petitioner was initially deployed as daily wager by the respondent corporation in the year 1980. Thereafter his services were regularized in the year 1982. The departmental proceedings were initiated against the petitioner wherein he was served with two charge-sheets dated 20.11.1991 and 21.3.1992. The charges indicated therein were as follows:(i) Alleged attempt to defraud the...
Gursharan Sharma and Yuvraj Gurang Vs. Narcotics Control Bureau
Court: Himachal Pradesh
Decided on: Jun-03-2008
Reported in: 2008(2)ShimLC267
Surjit Singh, J.1. These two appeals are being disposed of by a common judgment, as the appellants, in both the appeals, are aggrieved by the same judgment, i.e. judgment dated 18th January, 2007, of the trial Court. Appellant Gursharan Sharma (in Criminal Appeal No. 26 of 2007) has been convicted of offences under Sections 18, 20 and 27-A of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, each, in respect of offences under Sections 20 and 27-A and rigorous imprisonment for two years and fine of Rs. 10,000/-, in respect of offence under Section 18 of the said Act. The other appellant Yuvraj Gurang (in Criminal Appeal No. 53 of 2008) has been convicted of offences, under Sections 20 and 18 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- in respect of offence under Section 20 and rigorous ...
Dr. Gian Chand Vs. Vinod Kumar Sharma and ors.
Court: Himachal Pradesh
Decided on: Jun-03-2008
Reported in: 2010ACJ258,AIR2008HP97
ORDERDeepak Gupta, J.1. The aforesaid two appeals are being disposed of by one common judgment since both arise out of the same judgment and decree rendered by the learned District Judge, Sirmour at Nahan in Civil Suit No. 3-9/1 of 1996 decided on 22-7-1997.2. Briefly stated the facts are that the respondents 1 & 2 in these appeals were plaintiffs before the trial Court. They filed a civil suit for recovery of Rs. 3 lakhs as damages on account of the death of their daughter Neha. It was alleged that the death of Neha took place due to the negligence of Dr. Gian Chand, defendant No. 2, appellant in RFA No. 254 of 1997. The case set up was that Kumar Neha was a minor child aged 3 years. On 10th January, 1996 she fell into a bucket of hot water and sustained burn injuries on her abdomen, chest, thighs and back. She was immediately taken to the Primary health Centre, Shillai from where she was shifted to the District Hospital, Nahan on the same day itself. It is not disputed that on 10th J...
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